McHenry Times

With Marc Smith, director of the Illinois Department of Children and Family Services (DCFS) facing his 11th contempt citation, State Rep. Dan Ugaste (R-Geneva) is concerned about the care children are receiving from the agency.

"I would say the agency has real problems, with the biggest being not functioning properly, and the court has taken noticed," Ugaste said. "These kids have to be one of our top priorities in the entire state. The most troubling thing is the governor is not taking any additional steps to fix the problem.  If that is a testament at all, it would seem that he   isn’t fit in the least bit."

On May 19, Smith was held in contempt of court for the 11th time this year, once again for failing to appropriately place a vulnerable child, Capitol News reported. This contempt citation concerns an 11-year-old girl who had been under the care of DCFS since she was 5. Over the last six years, the girl had been moved around between an abusive foster home, emergency foster homes, psychiatric hospitals, and shelters. In April, the girl expressed suicidal ideation and intent. She was taken to a hospital and put in the emergency room. After she had been in the emergency room for two days, a court ordered that the girl be moved to a psychiatric hospital or a secure residential facility. Instead, the girl was kept in the emergency room for two more days, where she continued to make suicidal statements, attempted to escape, became physically aggressive, and was given five different medications to subdue her, the story said.

"Something needs to be done for the good of these kids," Ugaste said. "I have no idea how the Governor thinks or chooses to run the state. We’ve had problems with several agencies and departments under his leadership and they just don’t seem to ever get addressed."

Smith's 10th contempt citation, which was issued earlier this month, concerned a young girl who had been shifted from shelters to psychiatric hospitals, rather than being appropriately placed, CBS Chicago reported. The girl, who suffered sexual abuse at a young age, has been struggling as a result of DCFS' failure to find a placement for her, according to statements made in court.

Smith's 9th contempt citation concerned a 15-year-old boy whom the agency failed to place, instead holding him in a psychiatric facility for months longer than was deemed medically necessary, the station reported.  Since the contempt citations are civil, rather than criminal, it is unlikely Smith will face jail time. Instead, the agency could be fined, but those fines would be paid with taxpayer dollars.

After Smith's 8th contempt citation, CBS Chicago asked Gov. J.B. Pritzker how many more times Smith will be issued contempt citations before action is taken. The governor replied, "You're ignoring all of the progress that's been made at DCFS, and so is the decision to hold the department in contempt. The head of the Department of Children and Family Services, and I, and the judge are frustrated with the challenges that we face for our most vulnerable children."

 Pritzker appointed Smith to the position of acting director of DCFS in April 2019, the agency said on its website. The Illinois Senate confirmed Smith as director in June 2021.